World Health Organisation report on white asbestos

World Health Organisation report on white asbestos

Keywords Building materials,Health and safety, Property ownership

A just-published summary report by the World Health Organisation (WHO) on white asbestos has put the property and construction industry "on notice" over the potentially lethal risks of white asbestos existing in buildings and used in construction, according to health and safety experts at law firm Nabarro Nathanson.

The WHO report, entitled Summary, Evaluation, Conclusions and Recommendations for the Environmental Health Criteria 203:Chrysotile Asbestos, concludes that:

Exposure to chrysotile asbestos [white asbestos] poses increased risks for asbestosis, lung cancer and mesothelioma in a dose-dependant manner. No threshold has been identified for carcinogenic risks.

... Construction materials are of particular concern for several reasons. The construction industry workforce is large and measures to control asbestos are difficult to institute. In-place building materials may also pose risk to those carrying out alterations, maintenance and demolition. Minerals in place have the potential to deteriorate and create exposure.

The WHO report goes on to recommend that control measures are put in place, while Gareth Watkins, head of health and safety at law firm Nabarro Nathanson, points out that the WHO report effectively puts users of white asbestos and anyone who has white asbestos in their properties "on notice" that the product is a killer.

Gareth, who handled the UK's largest personal injury trial for British Coal on the issue of miners' lung disease last year, says: "The UK courts will make rulings based on when it was known that chemicals caused certain defects and in what quantities. Recent litigation involving coal miners has hinged on this point ­ at what point in time was it known that problems were being caused? In this context it can be clearly argued that the WHO report provides the 'proof' that white asbestos is a much greater health hazard than was previously thought and employers of contractors and property managers need to take notice".

Nabarro Nathanson health and safety solicitor Lyn McPherson explains: "The Health and Safety Executive has recently proposed far-reaching changes to the asbestos regulations and supporting codes of practice. The aim was to protect those who carry out maintenance, repair and refurbishment work on buildings, principally those constructed or refurbished before 1980.

"One of the key proposals in the consultation document was that those in control of non-domestic premises would have to take reasonable steps to determine whether materials containing asbestos were located in their building, and that unless a reasonable argument to the contrary can be made, they should presume that materials contain asbestos.

"Crucially for property owners and managers, a recent record showing the location of the asbestos (and any material presumed to be asbestos) would have to be maintained, and the condition of the asbestos/presumed asbestos monitored. This precautionary approach is a reversal of the present legislation and also moves us one step closer to a requirement that all building owners and managers maintain an asbestos register".

The minister responsible for health and safety, Alan Meale MP, said this week that the government was going to go ahead with plans to force owners and occupiers of buildings to survey them for asbestos and to put a duty on employers to advise their workforce of the dangers about asbestos generally. This has significant implications for employers in terms of the liability in any future legal action.

The largest group of workers at risk from current exposure from asbestos would include plumbers, carpenters,electricians, cabling engineers, BT employees, and fire and burglar alarm installers. All of these people could disturb asbestos accidentally during the course of their work.

It has been recognised that these are the categories of workers who are now most at risk from asbestos, as direct use of asbestos in industry has declined rapidly. The problem for the UK is,therefore, asbestos which has been in situ in buildings for many years. Estimates suggest that 70 per cent of commercial buildings in the UK contain asbestos in some form or another.

It has also been reported this week that Liverpool Council is preparing to do a survey of its properties at an estimated cost of £2.5 million.